Commercial Properties–When Hired by the Property Owner: At the very latest, a statutory Lien Affidavit must be filed with the County Clerk’s Office in the county where the Property is located by no later than the 15th day of the fourth calendar month from when the contract is terminated in writing, has been completed, finally settled, or abandoned. The deadline to record a Constitutional Lien is four (4) years from when the contract was completed, terminated or abandoned.
Commercial Properties–When Not Hired by the Property Owner: The deadline to file a Lien depends upon whether the unpaid amount is a “progress payment” or withheld “contractual retainage”. At the very latest, the deadline to file a Lien for unpaid progress payments (or anything other than withheld contractual retainage), is by no later than the 15th day of the fourth month from when you last provide labor/material/equipment to the Project, excluding warranty work. If your claim is purely for unpaid withheld contractual retainage, then at the very latest, the deadline to file the Lien is by no later than the 15th day of the third month (as modified by the 2022 lien amendments) from when the contract between the Property Owner and the Original Contractor has been completed, finally settled, terminated, or abandoned.
Residential Properties–When Hired by the Property Owner: At the very latest, the Lien must be filed with the County Clerk’s Office in the county where the Property is located by no later than the 15th day of the third month from when the contract is terminated in writing, has been completed, finally settled, or abandoned. The deadline to record a Constitutional Lien is four (4) years from when the contract was completed, terminated or abandoned.
Residential Properties–When Not Hired by the Property Owner: At the very latest, your deadline to file a Lien for contractual retainage and/or unpaid progress payments is by no later than the 15th day of the third month from when you last provide labor/material/equipment to the Property, excluding warranty work.